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Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overruled Monroe v. Pape by holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: Civil action for deprivation of rights. [1]
Section 1 (42 USC § 1983) [ edit ] Section 1 of the Act, which has since been amended and codified as section 1979 of the Revised Statutes ( 42 U.S.C. § 1983) and is also known simply as "Section 1983", authorized monetary and injunctive relief against anyone who, acting under the authority of state law, deprived a person of rights guaranteed ...
Qualified immunity frequently arises in civil rights cases, [7] particularly in lawsuits arising under 42 USC § 1983 and Bivens v. Six Unknown Named Agents (1971). [8] Under 42 USC § 1983, a plaintiff can sue for damages when state officials violate their constitutional rights or other federal rights. The text of 42 USC § 1983 reads as ...
The case was significant because it held that 42 U.S.C. § 1983, a statutory provision from 1871, could be used to sue state officers who violated a plaintiff's constitutional rights. [3] § 1983 had previously been a relatively obscure and little-used statute, but since Monroe it has become a central part of United States civil rights law.
iv, 42 u.s.c. § 1983 Clark , 596 U.S. ___ (2022), was a United States Supreme Court case concerning whether a plaintiff suing for malicious prosecution must show that they were affirmatively exonerated of committing the alleged crime.
The text of 42 U.S.C. § 1988(b) are as follows: "(b) Attorney’s fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318, the Religious Freedom Restoration Act of 1993, the Religious Land Use and Institutionalized Persons Act of 2000, title VI of the Civil Rights Act of 1964, or section 12361 ...
It was the most prominent in a series of cases which had increased the scope of 42 USC § 1983 in actions against local governments. [14] The decision left open the issue of unequal provision of services according to wealth and for this reason some commentators doubted its wide applicability. [15] [16] The 1976 Supreme Court case Washington
Nelson v. Campbell, 541 U.S. 637 (2004), was a case decided by the United States Supreme Court considering whether a prisoner's appeal of proposed execution procedures was equivalent to a habeas corpus petition. The court held unanimously that an appeal of proposed execution procedures is different from a habeas corpus petition because it is ...